206 F2d 344 Kluge v. United States

206 F.2d 344




No. 6591.

United States Court of Appeals

Fourth Circuit.

Argued June 11, 1953.

Decided July 24, 1953.

Clement L. McEachern. Greenville, S. C., for appellant.

E. P. Riley, Greenville, S. C., for appellees, Fred, Harold F. and Herbert W. Kluge.

No argument or brief for appellee United States.

Where there was no evidence of any affirmative act by insured to change beneficiary of his national service life insurance policy, naming his father and two minor brothers as beneficiaries, District Court properly held that no change of beneficiary was effected, so as to entitle named beneficiaries, instead of insured's widow, to proceeds of policy, though there was evidence that insured said that he intended to make his wife beneficiary of policy.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


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This is an appeal in a National Service Life Insurance case in which the widow of the insured claims the proceeds of the policy against the father and two minor brothers of the insured who were named as beneficiaries. Insured was married about three months prior to his death. There is evidence that after his marriage he said that he intended to change his policy so as to make his wife the beneficiary thereunder, but there is no evidence of any affirmative act on his part directed to that end. The judgment of the District Court holding that no change of beneficiary had been effected and granting recovery to the named beneficiaries must accordingly be affirmed. See Bradley v. United States, 10 Cir., 143 F.2d 573, certiorari denied 323 U.S. 793, 65 S.Ct. 429, 89 L.Ed. 632; Roberts v. United States, 4 Cir., 157 F.2d 906, certiorari denied 330 U.S. 829, 67 S.Ct. 870, 91 L.Ed. 1278; Coleman v. United States, 85 U.S.App.D.C. 145, 176 F.2d 469, 471; Butler v. Butler, 5 Cir., 177 F.2d 471.